DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Australian Workers’ Union
(AG2015/7764)

P & T FORMWORK & WELDING PTY LTD NORTHCONNEX PROJECT GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2016

Application for approval of the P & T Formwork & Welding Pty Ltd NorthConnex Project Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise Agreement known as the P & T Formwork & Welding Pty Ltd NorthConnex Project Greenfields Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from1 February 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the P & T Formwork & Welding Pty Ltd NorthConnex Project Greenfields Agreement 2015. The application was made by the Australian Workers’ Union, as the representative of the employees, to the Fair Work Commission. The dispute centred around the terms and conditions outlined in the agreement between the employer and the employees, particularly regarding pay rates and work conditions.

The central legal issues the court had to address were whether the terms of the agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. The court also had to consider whether the agreement provided adequate protections for the employees, including minimum wage rates, leave entitlements, and other conditions of employment.

The court found that the agreement met the criteria for fairness and reasonableness as stipulated in the Act. It held that the terms of the agreement were not only fair and reasonable but also provided appropriate protections for the employees. The court noted that the agreement included provisions for minimum wage rates, overtime pay, and other employment conditions that aligned with the standards set out in the relevant industrial awards. The decision to approve the agreement was based on a comprehensive analysis of the terms and their alignment with the legislative framework designed to protect employees' rights.

The court approved the P & T Formwork & Welding Pty Ltd NorthConnex Project Greenfields Agreement 2015, confirming its compliance with the Fair Work Act 2009. This decision sets a precedent for similar agreements in the industry, ensuring that the terms are fair, reasonable, and protective of employees' rights.

The Australian Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established